Sec. 5664. It shall be unlawful for any person in the state of Nebraska to knowingly and intentionally kill, injure, or harm, except on the lands owned by such person, any robin, lark, thrush, blue-bird, king-bird, sparrow, wren, jay, swallow, turtle-dove, oriole, woodpecker, yellowhammer, cuckoo, yellow-bird, bobolink, or other bird or birds of like nature that promote agriculture and horticulture by feeding on noxious worms and insects, or that are attractive in appearance or cheerful in song. Any person violating any of the provisions of this section shall be fined not less than three (3) nor more than (10) dollars for each bird killed, injured, or harmed.
SEC. 5666. (As amended in Session Laws, 1893.) It shall also be unlawful for any person, at any time, by the aid or use of any swivel, punt gun, big gun (so called), or any other than the common shoulder gun; or by the aid or use of any punt boat, or sneak boat used for carrying such gun, to catch, kill, wound, or destroy, or to pursue after with intent to catch, kill, wound or destroy, upon any waters, bays, rivers, marshes, mud flats, or any cover to which wild fowl resort within the state or Nebraska, any wild goose, wood duck, teal, canvasback, blue—bill, or other wild duck, or to destroy or disturb the eggs of any of the birds above named; and any person offending against any of the provisions of this act shall be fined in any sum not less than two ($2) dollars, nor more than twenty ($20) dollars, for each offense, or be imprisoned in the county jail not more than twenty (20) days.
SEC. 5667. (In part.) It shall be unlawful for any person to kill, ensnare, or trap any grouse between the first day of January and the first day of September in each year, or to kill, ensnare, trap, or net quail or wild turkey between the first day of January and the first day of October in each year, or to ensnare, trap, or net the same at any time of the year, or to buy, sell, ship, transport, or carry, or have in possession any such animals or birds, between the dates within which the killing, ensnaring, trapping, or netting of such animals or birds is prohibited by law. It shall also be unlawful for any person, agent, or employee of any association, corporation, railroad company, or express company to receive, carry, transport, or ship any such animal or bird at any time of the year. It shall be unlawful for any person to go upon the premises of another person or corporation for the purpose of hunting, trapping, netting, ensnaring, or killing any animal or bird at any season of the year, unless by the consent of the owner or owners of said premises. It is further enacted that any person, agent, or employe, as aforesaid, who shall violate any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of fifteen ($15) dollars for each
* * wild turkey so as aforesaid killed, trapped, ensnared, netted, bought, sold, shipped, transported, or held in possession in violation of this section, and the sum of five ($5) dollars for each grouse or quail so as aforesaid killed, trapped, ensnared, netted, bought, sold, shipped, transported, or held in possession in violation of the provisions of this section. Having in possession any of the named animals or birds between said dates shall be deemed and taken as presumptive evidence that the same were killed, ensnared, netted, or trapped in violation of this section, and the civil authorities of any city, town, or precinct where any animal or bird shall have been killed, or held in possession in violation of law be found, are hereby authorized to cause the same to be seized with or without warrant, and to be distributed among the poor persons of such city, town, or precinct; and any person who shall go upon the land of another, in violation of this section, shall, upon conviction thereof, pay for such offense in any sum not less than five ($5) dollars, nor more than fifty ($50) dollars, and shall be liable to the owner of the premises in an action for trespass.
Also "An act to protect Mongolian pheasants" (Session Laws. 1895, Senate File No. 38):
Be it Enacted by the Legislature of the State of Nebraska:
SECTION 1. It shall be unlawful for any person in the state of Nebraska for and during the term of six years from and after the passage of this act, to injure, take, kill, expose or offer for sale or have in possession, except for breeding purposes, any ring-neck Mongolian pheasant, any green Japanese pheasant, any copper pheasant, or scholmeringn, any tragopan pheasant, silver pheasant or golden pheasant, being the species of pheasants imported into the United States by the Hon. 0. N. Denny, ex-United States consul-general to Shanghai, China.
SEC. 2. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than one hundred ($100) dollars, and in default of payment of the fine imposed shall be imprisoned in the county jail at the rate of one day for each two dollars of the fine imposed.
SEC. 3. The one-half of all fines imposed and collected under the provisions of this act shall be paid to the informer, and the rest into the county treasury of the county in which the crime was committed.
SEC. 4. Justice courts shall have jurisdiction of the offenses defined in this act.
SEC. 5. Whereas an emergency exists, this act shall take effect and be in force from and after its passage.
Approved March 30th, A. D. 1895.